Sandvik Mining and Construction Australia

[2014] FWCA 6905

[2014] FWCA 6905

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sandvik Mining and Construction Australia
(AG2014/8949)

SANDVIK - OLYMPIC DAM MINE CPM SITE ENTERPRISE AGREEMENT - 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 3 OCTOBER 2014

Application for approval of the Sandvik - Olympic Dam Mine CPM Site Enterprise Agreement - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Sandvik - Olympic Dam Mine CPM Site Enterprise Agreement - 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sandvik Mining and Construction Australia. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“1. We accept that s.196 of the Fair Work Act 2009 and clause 41.3 of the Manufacturing and Associated Industries and Occupations Award 2010 will apply for employees regularly rostered to work over seven days of the week.

2. For the purpose of the additional week of annual leave provided for in s.87(1)(b) of the Act, a shiftworker is a seven day shiftworker who is regularly rostered to work on Sundays and public holidays.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2014. The nominal expiry date of the Agreement is 30 June 2018.

SENIOR DEPUTY PRESIDENT

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